EXECUTIVE ORDER NO. 2003-2

SOLICITATION OR RECEIPT OF POLITICAL CONTRIBUTIONS
AT STATE GOVERNMENT FACILITIES

WHEREAS, under Article V, Section 8 of the Michigan Constitution of 1963, each principal department is under the supervision of the Governor, unless otherwise provided by the Constitution, and the Governor must take care that the laws of the State of Michigan are faithfully executed;

WHEREAS, section 57 of the Michigan Campaign Finance Act, 1976 PA 388, MCL 169.257, prohibits an individual acting for a state agency, department, division, bureau, board, commission, council, authority, or other body in the executive branch of state government from using funds, personnel, office space, computer hardware or software, property, stationery, postage, vehicles, equipment, supplies, or other public resources to make a contribution or expenditure or provide a political committee with volunteer personal services excluded from the definition of contribution by the Act;

WHEREAS, Rule 1-12 promulgated by the Michigan Civil Service Commission prohibits state classified employees from engaging in unauthorized political activities during actual duty time and prohibits the levying, solicitation, collection, or payment of any type of political assessment, or the authorizing or ordering of any such activity in the state classified service;

WHEREAS, it is in the best interests of the State of Michigan to protect state government and state employees from any appearance of improper political influence connected with the solicitation or receipt in state government facilities of local, state, or federal political contributions;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

I. DEFINITIONS
As used in this Order:
(a) “Contract manager” includes the following state employees: (1) an employee designated in a state contract as a contract administrator; and (2) an employee of the Department of Management and Budget Office of Acquisition Services acting as a director, buyer, buyer manager, buyer specialist, or procurement technician;
(b) “Political contribution” means a “contribution” as defined in section 4 of the Michigan Campaign Finance Act, 1976 PA 388, MCL 169.204, and also includes a “contribution” as defined in section 431(8) of the Federal Election Campaign Act of 1971, 2 USC 431(8); and
(c) “State government facility” means any public building or real property owned by the State of Michigan, either directly or by or through any of its Executive Branch departments or agencies, and that part of any publicly-owned or privately-owned building or real property leased or operated by the State of Michigan, either directly or by or through any of its Executive Branch departments or agencies. “State government facility” does not include any public building or real property owned by a college or university or any part of any privately-owned building or real property leased or operated by a college or university.

II. PROHIBITION AGAINST SOLICITATION OR RECEIPT OF POLITICAL CONTRIBUTIONS AT STATE GOVERNMENT FACILITIES
(a) Department directors and agency heads shall prohibit the solicitation and receipt of political contributions in all state government facilities including but not limited to buildings and grounds.
(b) Department directors and agency heads shall revise existing written departmental policies, procedures, and issuances as necessary to conform with this Executive Order, the Michigan Campaign Finance Act, and related Civil Service Rules. Department Directors and agency heads also may issue reasonable written work rules to implement this Executive Order, the Michigan Campaign Finance Act, and related Civil Service Rules.
(c) The requirements of this Executive Order apply all Executive Branch employees including but not limited to contract managers.
(d) Department directors, agency heads, and supervisors shall be responsible for familiarizing employees with this Executive Order and with departmental or agency policies, procedures, issuances, and work rules implementing this Executive Order and for enforcing compliance within the scope of their authority.
(e) Nothing in this Order should be construed to in any way limit the continuing obligation of all persons within the Executive Branch to comply with existing provisions of state and federal law regulating political contributions and other political activities.
(f) This order is not intended to amend or modify the Michigan Campaign Finance Act or rules relating to political activity promulgated by the Civil Service Commission.
(g) The invalidity of any portion of this Order shall not affect the validity of the remainder the Order.

This Executive Order is effective upon filing.

Given under my hand and the Great Seal of the State of Michigan this ________ day of January, 2003
____________________________________
Jennifer M. Granholm
GOVERNOR
BY THE GOVERNOR:
____________________________________
SECRETARY OF STATE